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City of Seldovia Municipal Code

Title 18: Zoning

Chapter 18.04 Planning Commission1.

18.04.010 Created-Officers.
A. There is created a city planning and zoning commission, which shall be called the planning commission and which shall consist of seven members nominated by the mayor and confinned by the city council. The mayor and city manager shall serve as ex officio members of the commission and, as consultants, may attend all meetings but they shall have no vote.
B. A chairman and vice-chairman of the commission shall be selected annually and shall be appointed from and by the appointive members.

18.04.020 Terms of members.
The term of a member of the commission is three years. Of the members first appointed, two shall be appointed for a three-year term; two for a two-year term; and three for one year terms. Appointments to fill vacancies shall be for the unexpired term only.

18.04.030 Powers and duties.
A. Advisory to City Council and Borough. The commission shall sit as an advisory planning and zoning commission to the City Council and the planning and zoning commission of the borough.

B. Administration of Borough Ordinances. To administer and enforce planning and zoning ordinances and regulations of the borough when authorized to do so by contract approved by the council.

C. Administration of City Ordinances. To administer or provide for the administration of any ordinances or programs relating to planning, zoning or building codes, adopted by the council.

D. Overall Plan. The commission shall prepare, and from time to time amend, a plan for the systematic development and betterment of the city as a place of residence and for business; such plan and any amendments thereto shall be presented to the council for its approval.

E. Investigations. The commission may consider and investigate subject matter attending to the development and betterment of the city and make recommendations as it considers advisable to the council.

F. Building and Land Use. The commission may prepare and present to the council proposed ordinances or programs for the promotion of the public health, safety and morals by restricting the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry , residence or other purposes, and proposals for a building code regulating minimum construction, heating, lighting and other requirements or specifications within specified zoning districts. Such proposed ordinances or programs shall be consonant with the plan approved by the city council pursuant to subsection D. Such a program shall be made with reasonable consideration as to the character of the district and its peculiar suitability for particular uses, and with a view to enhancing the value of buildings and lots and encouraging the most appropriate use of land throughout the city.

G. Rules and regulations. The commission may adopt such rules and regulations as are appropriate or necessary in the canying out of its duties.

H Expenses. It may employ engineers, attorneys, clerks and a secretary or other personnel considered necessary subject to the approval of the council. The council shall fix the compensation of persons employed by the commission. The necessary expenses of the planning commission and the compensation and expenses of its employees shall be paid out of the city treasury in the same manner as other expenses of the city government, within the limits of appropriations by the council for that purpose.

Chapter 18.08 Design and Platting Requirements

18.08.010 Construction design investigation.
Before action is taken by the city on the location and design of any public building, dock, park, street or alley, or the grade thereof, walkway, sidewalk, playground or memorial, the matter shall be submitted to the commission for investigation and report.

18.08.020 Building permit review.
No permit shall be issued under Chapter 11.04 or section 17.04.020 without the application being first submitted to the commission for its approval or rejection, except that if an application under section 17.04.020 is pending before the commission without action for more than fIfteen days, upon approval by the city manager, the clerk may issue the permit.

18.08.030 Platting.
All plans, plats or replats of land laid out in lots or plats, and the streets, alleys or other portions of them intended to be dedicated to public or private use, shall first be submitted to the commission for its approval or rejection. Any action so taken shall be communicated to the borough planning commission together with the reasons for such action.

18.08.040 Plan adoption.
The council may adopt the plan provided for in section 18.04.030(D) and may endorse the proposals of the planning commission made under section 18.04.030(F) together with an official map or maps as the zoning regulations of the city and may forward them to the borough planning commission or it may return them to the local commission for further study, amendment or supplementation. No regulation, restriction or boundary is effective until after a public hearing at which parties in interest and citizens have an opportunity to be heard. The council shall notify the borough planning commission of its intention to hold hearings, so notice of hearing and hearing may be given jointly by the city and borough. At least five days notice of the time and place of the hearing shall be posted at three public places within the city.

18.08.050 House numbering system.
A The city shall be divided into a grid, with the north-south line between section 31 and section 32, of township 8 S., Range 14 W., S.M., as a north/south baseline, and with the quarter corner line of sections 31 and 32, township 8 S., Range 14 W., as the east/west baseline. Method of computing: one number shall be assigned to every parcel often thousand square feet, as applicable. Odd and even numbers shall be on alternate sides of the street.

B. The numbers on buildings fronting the streets running east and west shall be designated by direction from the east/west baseline. The numbers on buildings fronting the streets running northerly and southerly shall be designated by direction from the north/south baseline.

C. Maintenance and implementation. The city manager, or his designee, is directed to implement and maintain all provisions of this section.

D. Effective date. The ordinance codified in this section shall become effective upon passage by the city council. All provisions ofthis section must be fully implemented within ninety days of its passage.

E. Enforcement and penalty.

  1. Any person( s) failing to comply with the provisions of this section shall be punished by a fine not to exceed twenty-five dollars. Each such person shall be guilty of a separate offense for each and every day during any portion of which any individual is not in compliance with the provisions herein.
  2. In addition. the city may proceed to affix the appropriate numbers to those dwellings, not in compliance after ninety days, and charge the owner of such premises a fee of twenty-five dollars, which amount will become a lien against said property if not paid in full within ten days from date of notification by city clerk that city has in fact installed said numbers. Such action by the city in no way mitigates or relieves the property owner from any liability under subdivision one (1) of this subsection.
F. Number specifications. All numbers shall be of a minimum height of three inches and shall be permanently affixed in a prominently conspicuous location on the street front, entrance side of the building or dwelling. (Ord. dated 4-23- 80, 1980; Ord. 80-1, 1980).

Chapter 18.12 Title and Purpose

18.12.010 Title for citation -Jurisdiction.
Chapters 18.04 through 18.96 of the Seldovia City Code of Ordinances shall be known and cited as the "Seldovia Zoning Code," and are applicable to all lands within the municipal boundaries of the City of Seldovia.

18.12.020 Purpose of provisions.
The Seldovia Zoning Code is adopted in order to enhance the public health, safety and welfare by providing local authority to:

  1. Designate, regulate and restrict the location and use of buildings,
    2. structures and land, for residence, commerce, trade, industry or other purpose;
  2. Regulate and limit the height, nwnber of stories, and size of buildings and other structures hereinafter erected or alterations of any existing buildings;
  3. Regulate and determine the size of yards and other open spaces;
  4. Regulate and limit the density of population;
  5. Conserve and stabilize the value of property;
  6. Provide adequate open spaces for light and air, and to prevent and fight fires;
  7. Lessen congestion on streets and highways;

Footnotes

1. For statutory provisions authorizing delegation to a city of planning and zoning administrative functions, see AS Sec. 29.40.010(B); for Kenai Peninsula Borough delegation of Planning Commission functions see KPB Chapter 21.112. (return to main text)

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